BARKAT ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE writ petitions involving common controversy, are being decided by this common order. The facts are illustratively taken from the SBCWP No. 5481/2014 -Barkat Ali & Ors. Vs. State & Ors.

(2.) THE petitioners were working in different positions in the respondent Panchayat Samiti -Bhopalgarh and they were responsible for execution of various works under the M -NREGA Scheme. Upon certain deficiencies and malpractice found in execution of various works in the respondent Panchayat Samiti -Bhopalgarh (Gram Panchayat -Khangta), the District Collector Jodhpur -cum -Coordinator of the said Scheme, issued charge sheets to the petitioners to initiate disciplinary action against them and called upon them to give their explanation within fifteen days. The petitioner, namely, Barkat Ali, who was working as 'Gram -Sevak' at the relevant point of time, however, vide Annex. 9 sought some more time to furnish his explanation. But, in the meanwhile, since the respondent -District Collector, Jodhpur vide order (Annex. 8) dated 18.07.2014 directed filing of FIR in the concerned police station against S/Sh. Jhumararam, Ex -Sarpanch, Barkat Ali, the then Gram -Sevak and Mahipal Pichkia, LDC, the petitioners, therefore, have approached this Court by way of present writ petitions.

(3.) LEARNED counsel for the petitioners have urged that a preliminary enquiry in the matter was held by the Social Auditor (Lokpal) of the M -NREGA Scheme, Jodhpur and the complaint against working of the present petitioners, was found to be incorrect and copy of such report in this regard has been placed on record as Annex. 6 (CW No. 5481/14) in Complaint Case No. 67/2013 -Ram Narayan Choudhary Vs. Gram Panchayat Khangta, Panchayat Samiti -Bhopalgarh, Jodhpur.